Monday, February 27, 2006

Avoiding Foreclosure

Take Action Early to Avoid Foreclosure
by Phoebe Chongchua
Realty Times
2/27/06


Foreclosure -- it's a word that conjures up awful feelings in homeowners and is getting plenty of national attention.

In the last five years, 2.9 million U.S. households have experienced foreclosure. Obviously, it is a devastating event for the homeowners; but communities suffer as well. Cities lose up to $33,000 per foreclosed home, according to the Homeownership Preservation Foundation. In San Diego, California 0.3 percent of households were in foreclosure in 2005. Cleveland, Ohio had the most foreclosures with 9.83 percent and Flagstaff, Arizona -- the fewest with 0.10 percent.

The nonprofit foundation was founded in 2004 to educate homeowners and prevent foreclosures. "Oftentimes people call us when they're already six months behind and options are more limited," says Dean Caldwell-Tautges, director of education and counseling for the organization.

The goal of the foundation's national public service campaign is to reach people earlier in the process. Through TV and radio announcements homeowners are encouraged to call a toll-free number to receive free, confidential advice from HUD-certified counseling agencies. Over the next month, more than 600 U.S. TV stations and 1,500 radio stations will receive the public service announcement. There will also be a PSA in Spanish and one specifically developed for Hurricane Katrina victims.

"The homeowner who contacts 888-995-HOPE isn't comfortable contacting his or her mortgage company for help," says Walt Fricke, president and executive director of the Homeownership Preservation Foundation. "Unfortunately, there's a great need for our hotline. Based on industry research, slightly more than 50 percent of homeowners will avoid contacting their mortgage company," adds Fricke.

Foreclosures hurt families, communities and businesses; an average foreclosure can cost a mortgage company $50,000 or more.

The foundation's hotline can handle up to 10,000 calls per month. The number to call is: 888-995-HOPE. Callers are connected with counselors who work for HUD-certified counseling agencies. The financial counselors help homeowners, free of charge, to address their financial situation and understand their options. They also work to establish a dialogue between the homeowner's mortgage company and the homeowner.

The foundation recommends the following six steps to prevent foreclosure:


Take action immediately. If you are going to be late with a mortgage payment, contact your mortgage company right away.

Call the Homeownership Preservation Foundation to speak, free of charge, to a counselor about your financial situation.

Organize and prioritize your bills and debt. Alert agencies such as your credit cards and utilities -- make them aware of your financial crisis. Do not write checks hoping that you'll be able to cover them. Late fees and bounced check fees can be extremely high.

Make every attempt to protect your credit score.

Watch out for predatory lenders and scams. Before signing any document concerning your home, check with an attorney or your mortgage company.

Make sure you take action. Doing nothing will only make a bad situation worse. Seek help early and you may be able to save your home.
For more information contact visit 995hope.org.

Published: February 27, 2006

Foreclosures

Foreclosures Lowering Boom On Home Owners
by Broderick Perkins
Realty Times - 2/27/06

Foreclosures jumped 27 percent in a single month and 45 percent in the past year according to a new report from a company that's repeating a refrain of growing concern -- rising rates and softening home prices are lowering the boom on home owners.

RealtyTrac said its January foreclosure report reveals a 27 percent increase in foreclosure activity from December and a 45 percent increase from January 2005 -- almost double the rate last year of 25 percent.

"This is the first time since we introduced the report in January of 2005 that we've seen back-to-back months with increases of more than 20 percent," said James J. Saccacio, chief executive officer of RealtyTrac.

And it's not just seasonal.

"While some of this might have to do with the seasonality of normal real estate cycles, it appears that rising interest rates and softening home prices are beginning to push foreclosure inventories close to the historic average of one percent of all us households," Saccacio added.

The RealtyTrac Monthly U.S. Foreclosure Market Report offers foreclosure percentiles by state, as well as a national and state-by-state accounting of the total number of homes in some stage of foreclosure Pre-foreclosures or Notice of Default (NOD) and Lis Pendens (LIS); Foreclosures ‹ Notice of Trustee Sale and Notice of Foreclosure Sale (NTS and NFS); and Real Estate Owned, or REO properties foreclosed and repurchased by a bank.

Georgia had the highest foreclosure rate of any state -- one new foreclosure for every 422 households. The foreclosure rate jumped 144 percent in a single month as the state reported 7,342 properties entering some stage of foreclosure, more than twice the number reported in December.

Other high foreclosure rates were found in Nevada with 1 foreclosure for every 483 households and a 60 percent increase from December and Colorado, 1 foreclosure for every 488 households and 196 percent increase from December. Texas and Indiana were also among the states with the highest foreclosure rates.

Apparently, foreclosures are not an equal opportunity financial malady.

Foreclosures among minority home owners are often higher, perhaps due to the growth in the subprime market which offer loans at higher interest rates than prime loans which are designed for the most creditworthy consumers.

Unfortunately, numerous studies have shown that minority borrowers are often targeted with subprime loans even when they could easily qualify for prime loans and that practice could reveal itself as devastating to communities where large groups of home owners hold subprime loans.

According to a recent New York Times report, Cleveland State University research found that in Cuyahoga County, Ohio, which includes Cleveland, the ratio of auctions to regular sales was 23 per 100 last year in the eastern portion of the county, which is 52 percent black and 7 percent Hispanic. That was up from nine foreclosures per 100 regular sales in that area in 1995. In the 82 percent white western portion of the county, the ratio was 11 foreclosures per 100 homes sold, up from 2.5.

The Times also reported that the number of Chicago foreclosures has tripled since 1993. Neighborhoods where the population is more than 80 percent non-white account for 65 percent of all cases, up from 61 percent in 1993.

The increases in foreclosure rates could be the first wave of financial disruption in other communities including Philadelphia and Atlanta where minority neighborhoods are loaded with subprime adjustable rate mortgages (ARMs) expected to jump to higher interest rates in the coming years, according to analysis of data lenders must disclose under the federal Home Mortgage Disclosure Act.

Other higher foreclosure rates are expected in generally high cost regions with or without minority communities.

RealtyTrac also found that along with Texas and Georgia, five states reporting the most new disclosures in January included Florida, California and Ohio. In California, where the median price of a home hovers around a half million dollars, the state registered a foreclosure rate below the national average despite documenting the third most new foreclosures of any state.

So far, massive equity gains during the past five to 10 years are helping protect Californians and those in other high-priced markets, from foreclosure, experts say.

Published: February 27, 2006

Building Material Shortages

Delays, slowdowns notwithstanding Count on facing big shortages of building materials
By Alan J. Heavens
Inquirer Real Estate Writer
Posted on Sun, Feb. 26, 2006

Neither a slowing residential-construction market nor lengthy delays in reconstruction of the areas affected by Hurricane Katrina seem likely to help prevent shortages of some building materials and the resulting increases in their prices, many builders and industry analysts say.

A warmer-than-normal January, combined with lower-than-expected interest rates, already has added to supply problems by fostering unexpectedly vigorous building activity.

That was especially true in the Northeastern section of the country, which saw an increase of almost 30 percent in new-home and apartment construction this year over January 2005.

"The surge in housing starts was mainly weather-related," said David Seiders, National Association of Home Builders' chief economist. "Market fundamentals suggest that this pace of activity will be hard to sustain, and NAHB's survey of single-family builders points toward some cooling down in coming months, largely because of eroding affordability conditions."

Builders are understandably happy about the weather, but materials suppliers don't universally share the joy.

"Cement producers take advantage of the cold weather to build up inventories for the spring construction season," said Ed Sullivan, Philadelphia-based chief economist for the Portland Cement Association. "With the weather being so warm, inventories aren't rebuilding, so there's a potential for shortages this year."

Last year, national construction activity - residential, commercial and public - consumed 120 million tons of cement. About 19 tons of cement are used to build the typical 2,300-square-foot, single-family house, statistics from the home-builders' group show.

For the last couple of years, cement supplies have been tight in 30 states during peak building season, Sullivan said. Right now, 15 states are short of the product. There is no shortage in South Jersey, and Philadelphia has an adequate supply, but Western Pennsylvania does not, he said.

Some economists are suggesting that the anticipated decline in residential-construction activity will ease supply problems, but Sullivan doesn't buy it.
"There is emerging strength in the nonresidential segment, and since 50 percent of our demand is public-sector, that will increase as the public picture improves," he said.

The cement industry is increasing capacity slowly, with 14.5 million new tons, or a 15 percent expansion, due by 2010.

"There will be no immediate relief," he said.

Gulf Coast reconstruction will not be a factor until the second half of 2006, if then, because cleanup of devastated areas is nowhere near complete - nor are estimates of damage or decisions on who will foot the bill to rebuild.

A Mortgage Bankers Association study of New Orleans estimates the cost of repairing the flood damage to single-family structures at between $8 billion and $10 billion.
Pre-Katrina market values of those properties totaled between $17 billion and $18 billion. Flood insurance is expected to cover somewhere between $4 billion and $5 billion, leaving anywhere from $3 billion to $6 billion in uninsured losses, the study shows.

Rising energy prices are contributing to the run-up in the cost of materials.
The Labor Department's Producer Price Index for January showed a 1 percent increase in construction-material prices over December, most of which could be attributed to a 1.9 percent jump in concrete prices.

Price indexes rose for a variety of construction materials and components, including those for softwood lumber used in framing, wiring devices, asphalt felt and coatings used in roofing and road construction, and treated wood and mineral wool used in insulation.

Insulation consumption was up 33 percent in 2005 over 2004 because of efforts by consumers to tighten their houses to reduce energy costs. Builders have reported three price increases since August, although manufacturers declined to confirm that. The last price boost, in late October, was between 8 percent and 10 percent, builders said.

At the end of November, the Philadelphia Federal Reserve reported that the region's builders had experienced shortages of roofing materials and drywall, both of which require significant amounts of energy to manufacture.

"The really serious impacts are with those products where there are materials made with oil and gas," said Michael Carliner, an economist with the home-builders' association.

In U.S. Gypsum's fourth-quarter 2005 report, chief executive officer William Foote listed the pressures affecting the company's wallboard operations. USG's plants ran at close to capacity in 2005, "even as the company added production capacity at some high-speed plants," Foote said.

Wallboard shipments were 11.3 billion square feet in 2005, 3 percent higher than in 2004.

To compensate for higher energy, freight and raw-material costs, U.S. Gypsum raised its prices 18 percent in the fourth quarter over the same period a year ago, to $155.38 per thousand square feet, Foote said.

Clearly, materials shortages and rising prices could mean higher costs for new homes and remodeling projects.

"Drywall is just one thing that is going up," said Jay Cipriani, owner of Cipriani Builders, a Woodbury remodeling firm. "Almost every day, we get faxes from our suppliers about price increases - roofing, siding, PVC. Anything petroleum-based is getting more expensive.

"We just show [the faxes] to the customers and tell them they might as well make a decision now because it isn't going to get any less expensive," Cipriani said. "We try to get them locked into prices as soon as we can, but we've added a clause that if the price of any material increases more than 15 percent, we have the right to increase the job cost."

Developer Carl Dranoff's projects, Symphony House in Center City and Venice Lofts in Manayunk, are consuming huge amounts of concrete and steel.

"It's dog-eat-dog for these things, so we committed to these materials with our suppliers more than a year ago to guarantee timely delivery when we needed them," Dranoff said.

Steel for Symphony House, purchased and paid for well in advance, is being fabricated now and stored until it is needed, he said.

"Any shortfall can hamstring operations, and with labor costs as high as they are already, that could really push costs higher," Dranoff said. "By ordering and paying for materials well in advance, we won't have to keep raising sale prices for our units to compensate for high materials prices."

Although softwood prices increased last month, lumber and panel prices remained below last year's levels, according to Random Lengths, a Eugene, Ore., firm that tracks framing lumber and panel prices.

Many builders apparently are waiting to order lumber, hoping that companies will drop prices or that competition among mills will produce the same result.

Some builders are pushing for a drop in tariffs on Canadian softwood to brake increases in U.S. lumber prices. Florida builder Barry Rutenberg told a Senate committee Feb. 14 that "restrictions on Canadian lumber do little or nothing to increase the use of U.S.-produced lumber in home construction, because the vast majority of the domestic timber supply is unsuitable for framing walls in homes."

"I would not use Southern yellow pine for framing walls in the homes I build, even if it costs half as much as Canadian spruce-pine-fir," Rutenberg said. Reducing duties on Mexican cement to increase imports won't necessarily ease shortages of that commodity, Sullivan said.

"Most of those imports will be used in Arizona, Nevada, California and Texas," he said. "Only 125,000 tons will find its way to the rest of the country."

Thursday, February 23, 2006

More Homes for Sale

More homes for sale as speculators withdraw, Toll Bros. says
By Bob Fernandez
INQUIRER STAFF WRITER - Posted on Thu, Feb. 23, 2006

Toll Bros. Inc. said today that speculators have pulled out of the housing market, leading to more homes for sale.

But the company is not predicting a deep slump in the housing market, which is what happened in a similar situation in the early 1990s.

Toll Bros. said it expects to face tough financial comparisons over the "next couple of quarters," but it projects that financial results for 2006 will be its best or second-best.

In its earnings release today, Toll Bros. said first-quarter revenue rose 35 percent to $1.34 billion, from $990.3 million in the prior year's quarter. The quarter ended Jan. 31.

Earnings were $163.9 million, or 98 cents a share, compared with $110.2 million, or 66 cents a share, in the 2004 fourth quarter.

Toll Bros. shares were up 77 cents, or 2.4 percent, at $33.26 around 11:45 this morning on the New York Stock Exchange.

Contact staff writer Bob Fernandez at 215-854-5897 or bob.fernandez@phillynews.com.

Wednesday, February 22, 2006

Mortgage Applications

Mortgage Applications Rise as Rates Inch Lower

( February 22, 2006) -- The number of U.S. mortgage applications rose for the first time in a month during the week ending Feb. 17, according to the Mortgage Bankers Association.

The association's index of mortgage application activity rose 0.8 percent to 578.5 from the previous week's 574.1.

Meanwhile, the MBA’s gauge of U.S. home sales – its seasonally adjusted purchase mortgage index – increaed 4.3 percent to 408.7. The previous week the index hit at 391.7, the lowest level in more than two years.

Average borrowing costs on a 30-year fixed-rate mortgage excluding fees, declined slightly to an average of 6.22 percent last week. Fixed-rate, 15-year mortgage rates averaged 5.87. Rates on one-year adjustable-rate mortgages (ARMs) increased to 5.60 percent.

The MBA says the number of refinancing applications fell 4 percent as the difference between adjustable and fixed mortgage interest rates narrowed.

Source: Reuters News, Julie Haviv (02/22/06)

Caribbean Properties

Caribbean Properties Can Be Good Investments

( February 22, 2006) -- Buying property in the Caribbean and Central America is more simple and affordable than Americans may realize. "A relatively small investment can yield good returns," says Ricardo Cardenas, a RE/MAX vice president and regional director.

"Property values are low in many areas, but they are appreciating rapidly, so a relatively small investment can yield good returns."

Prices are particularly affordable in Panama, Costa Rica and the Bay Islands In Honduras, he says. Waterfront properties at prices ranging from $200 to $500 per square foot are available in Turks and Caicos, Belize, Grenada, St. Croix, St. Kitts and Nevis, St. Vincent and the Grenadines, and the Dominican Republic. Pricier properties range from $500 to $1,000 per square foot in Cayman Islands, St. John (USVI), Puerto Rico, and Jamaica.

Buyers who intend to use the property for fewer than 30 days at a time don’t need a visa (and, of course, never need a visa in Puerto Rico, a U.S. territory) and most islands place no restrictions on full ownership, Cardenas says.

— REALTOR® Magazine Online

Loan Fraud, Eminent Domain

Bills Address Loan Fraud, Takings
by Lew Sichelman
Realty Times

Bills introduced earlier this month in Congress slipped quietly under the radar screens of most of the popular press. But that doesn't diminish their importance.

In the Senate, legislation by Barack Obama (D-Ill) with Dick Durbin (D-Ill) and Robert Menendez (D-NJ) calls for a comprehensive set of reforms to combat mortgage fraud. And in the House, a measure offered by Reps. Steve Chabot (R-Ohio) and Bart Gordon (D-Tenn.) would strengthen the property rights protections afforded owners under the Fifth Amendment.

The Senate bill, entitled "Stopping Transactions which Operate to Promote Fraud, Risk and Underdevelopment Act" (the STOP Fraud Act for short), would boost funding for federal enforcement, create new criminal penalties for fraudulent activities in mortgage lending and brokering, establish reporting requirements and increase funding for counseling.

The bill also would establish a national database to act as a clearinghouse of information about mortgage professionals who have been disciplined by state or federal regulators.

Several provisions in the measure embrace actions long advocated by the lending community. For example, they have practically pleaded with the Department of Housing and Urban Development, which would get $10 million under the measure, to develop anti-fraud programs and step up its enforcement efforts.

It also would require the FBI to update lenders about fraudulent activity and individual criminals in an orderly fashion through the national data base. Currently, information is passed along on an irregular basis via industry websites that post whatever data they can find.

But the bill would also require lenders to report suspicious activity, a step that, for the most part, they have been loathe to take. However, the bill does grant whistle-blowers immunity from liability, so lenders are more likely to embrace the requirement.

In the House, meanwhile, the bill by Reps. Chabot and Gordon, "The Property Rights Implementation Act," would ensure that property owners get their day in federal court if they object to losing their homes or land under the doctrine of eminent domain. Significantly, the bill is cosponsored by House Judiciary Committee Chairman Jim Sensenbrenner (R-Wis.).

The Fifth Amendment provides that no person shall "be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation." But under the current system, owners must exhaust their legal rights in state courts before they can appeal to Uncle Sam.

That presents owners with a so-called "takings claim" with an "untenable paradox," says David Pressly, a home builder from Statesville, N.C., and the president of the National Association of Home Builders, because bringing the case to state court and having a takings claim heard -- even under state law -- often precludes the property owner from review by the federal courts.

"A property owner is, in effect, blocked from using the federal courts to enforce the Fifth Amendment's just compensation guarantee," Pressly explains. "As a result, property owners throw up their hands and give up without ever getting a fair hearing in federal court."

Whereas all other civil rights cases can be brought directly to federal court, those raising a Fifth Amendment takings claim can not. For example, an adult book store owner who challenges a municipal land-use regulation based on the First Amendment's free speech protection has direct access to federal court. But if he contests the same regulation raising the Fifth Amendment, he must take his claim to a state court.

"This bill would finally put the Fifth Amendment back on par with the rest of the Bill of Rights," says the housing industry leader. "Congress has passed laws to ensure that citizens alleging a violation of their constitutionally protected rights have access to federal courts. Fifth Amendment takings cases should be treated no differently."

Published: February 22, 2006

Tuesday, February 21, 2006

Eminent Domain Issue

States Curbing Right to Seize Private Homes

By JOHN M. BRODER
New York Times
Published: February 21, 2006

In a rare display of unanimity that cuts across partisan and geographic lines, lawmakers in virtually every statehouse across the country are advancing bills and constitutional amendments to limit use of the government's power of eminent domain to seize private property for economic development purposes.

The measures are in direct response to the United States Supreme Court's 5-to-4 decision last June in a landmark property rights case from Connecticut, upholding the authority of the City of New London to condemn homes in an aging neighborhood to make way for a private development of offices, condominiums and a hotel. It was a decision that one justice, who had written for the majority, later all but apologized for.

The reaction from the states was swift and heated. Within weeks of the court's decision, Texas, Alabama and Delaware passed bills by overwhelming bipartisan margins limiting the right of local governments to seize property and turn it over to private developers. Since then, lawmakers in three dozen other states have proposed similar restrictions and more are on the way, according to experts who track the issue.

The National League of Cities, which supports the use of eminent domain as what it calls a necessary tool of urban development, has identified the issue as the most crucial facing local governments this year. The league has called upon mayors and other local officials to lobby Congress and state legislators to try to stop the avalanche of bills to limit the power of government to take private property for presumed public good.

The issue is not whether governments can condemn private property to build a public amenity like a road, a school or a sewage treatment plant. That power is explicit in the takings clause of the Fifth Amendment, provided that "just compensation" is paid. The conflict arises over government actions to seize private homes or businesses as part of a redevelopment project that at least partly benefits a private party like a retail store, an apartment complex or a football stadium.

"It's open season on eminent domain," said Larry Morandi, a land-use specialist at the National Conference of State Legislatures. "Bills are being pushed by Democrats and Republicans, liberals and conservatives, and they're passing by huge margins."

Seldom has a Supreme Court decision sparked such an immediate legislative reaction, and one that scrambles the usual partisan lines. Condemnation of the ruling came from black lawmakers representing distressed urban districts, from suburbanites and from Western property-rights absolutists who rarely see eye to eye on anything. Lawmakers from Maine to California have introduced dozens of bills in reaction to the ruling, most of them saying that government should never seize private homes or businesses solely to benefit a private developer.

The Supreme Court seemed to invite such a response in its narrowly written ruling in the case, Kelo v. City of New London. Justice John Paul Stevens, writing for the majority, expressed sympathy for the displaced homeowners and said that the "necessity and wisdom" of the use of eminent domain were issues of legitimate debate. And, he added, "We emphasize that nothing in our opinion precludes any state from placing further restrictions on its exercise of the takings power."

Two months after the ruling, addressing a bar association meeting, Justice Stevens called it "unwise" and said he would have opposed it had he been a legislator and not a federal judge bound by precedent.

Plenty of legislators took the hint.

The issue was one of the first raised when Connecticut lawmakers returned to session early this month. There are bills pending in the Legislature to impose new restrictions on the use of eminent domain by local governments and to assure that displaced businesses and homeowners receive fair compensation.

(The New London project is essentially delayed, even after the Supreme Court go-ahead, because of contractual disputes and an unwillingness to forcibly remove the homeowners who sued to save their properties.)

In the New Jersey Legislature, Senator Nia H. Gill, a Democrat from Montclair who is chairwoman of the Commerce Committee, proposed a bill to outlaw the use of eminent domain to condemn residential property that is not completely run down to make room for a redevelopment project. The bill, which is pending, would require public hearings before any taking of private property to benefit a private project. In New York, State Senator John A. DeFrancisco, a Republican, has proposed a measure similar to one in other states that would remove the right to exercise condemnation power from unelected bodies like an urban redevelopment authority or an industrial development agency.

Texas was one of the first states to act after the Kelo ruling, taking up the issue in a special legislative session that was supposed to focus solely on education. Gov. Rick Perry, a Republican, signed a bill on Sept. 1 that prohibits use of eminent domain to benefit a private party, with certain exceptions. Among those exceptions is the condemnation of homes to make way for a new stadium for the Dallas Cowboys.

The sponsor of the Texas measure, Senator Kyle Janek, Republican of Houston, said the state was weighing an amendment to cement the eminent domain restrictions, but that process can take years. He sponsored his bill, he said, because "We wanted something in place quickly that the governor could sign and would take immediate effect."

The bill could affect a huge highway project now in the planning stages known as the Trans-Texas Corridor, a public-private toll road and rail project that would require the taking of large swaths of privately owned land.

There are six proposed laws and five constitutional amendments before the California Legislature, as well as several proposed citizen initiatives to curb the eminent domain power. The bills are supported by, among others, the California Farm Bureau Federation, which fears that the Kelo ruling will empower cities to gobble up more farmland to build subdivisions and strip malls.

The lobbyist for California's local economic development agencies said the ruling and the resultant legislation had been a nightmare.

"My life hasn't been the same since June 23, 2005," said the lobbyist, John F. Shirey, executive director of the California Redevelopment Association, referring to the date the Supreme Court handed down the ruling. The group represents 350 local redevelopment authorities around California and believes such agencies need the eminent domain power to rebuild distressed cities.

Ohio's legislature, acting swiftly and unanimously after the Kelo decision, declared a moratorium on all government takings until the end of 2006. The state has created a 25-member bipartisan panel to study the issue and make recommendations for changes, if necessary, in Ohio's eminent domain statutes. The sponsor of the moratorium measure, Senator Timothy J. Grendell, a Republican lawyer who specializes in property rights cases, noted that the Ohio Supreme Court was now weighing a potentially crucial eminent domain case involving the city of Norwood, a suburb of Cincinnati.

In that case, city officials have approved a plan to condemn about 60 homes to make way for an upscale office and retail complex. The homeowners are represented by lawyers from the Institute of Justice, a public interest law firm that litigates against what it calls eminent domain abuse and that represented the plaintiffs in the New London case.

Scott G. Bullock of the Institute for Justice described the Norwood case as an important test of property rights law in the post-Kelo era, but would not predict how the Ohio court would rule. He said he hoped to take another case before the Supreme Court in the next few years to determine whether the courts can curb eminent domain power further, even as state legislatures act on their own.

Mr. Bullock said he expected municipal officials and redevelopment authorities to try to fight the wave of eminent domain legislation by offering cosmetic changes to existing law, for example by requiring an extra hearing or an economic impact statement. But he said that major changes were coming in how the takings power of government is used.

"Our opposition to eminent domain is not across the board," he said. "It has an important but limited role in government planning and the building of roads, parks and public buildings. What we oppose is eminent domain abuse for private development, and we are encouraging legislators to curtail it."

More neutral observers expressed concern that state officials, in their zeal to protect homeowners and small businesses, would handcuff local governments that are trying to revitalize dying cities and fill in blighted areas with projects that produce tax revenues and jobs.

"It's fair to say that many states are on the verge of seriously overreacting to the Kelo decision," said John D. Echeverria, executive director of the Georgetown Environmental Law and Policy Institute and an authority on land-use policy. "The danger is that some legislators are going to attempt to destroy what is a significant and sometimes painful but essential government power. The extremist position is a prescription for economic decline for many metropolitan areas around the county."

Monday, February 20, 2006

FHA Potential Options

FHA Wants to Offer "Risked-based" Pricing and Low-to-No Downpayments
by Kenneth R. Harney
Realty Times

The federal government's largest home finance program might soon offer consumers a range of options they've never had before: mini-downpayments, lower than 3 percent, scaled all the way down to zero.

To do that, however, the Federal Housing Administration (FHA), wants Congress to allow it to use electronic "risk-based pricing" for the first time in its 72 year history. Risk-based pricing has been used in the private mortgage marketplace since the mid-1990s, when Fannie Mae and Freddie Mac introduced their Desktop Underwriter and Loan Prospector systems.

All risk-based pricing involves electronic credit checks and credit scores, ordered and obtained in seconds from the national credit bureaus. The risk-based system then prices the mortgage according to the probability of future default posed by the applicant and the size of the downpayment. Applicants with shaky credit and very low downpayments tend to get quoted higher interest rates and loan fees than applicants with better credit.

Virtually alone among major players in the U.S. home loan market, FHA never has adopted risk-based pricing for the premiums it charges for its mortgage insurance. Nor does it use applicants' FICO scores for underwriting or pricing purposes. Instead it has pursued a "cross-subsidization" approach whereby loan applicants with better credit pay slightly higher premiums than they "deserve" on the basis of default risk, while borrowers with lower quality credit pay less than they "deserve" on a risk-adjusted basis.

But now the Bush administration's new budget proposes to chuck the traditional cross-subsidization approach out the window and replace it with risk-based pricing.

The reason? Many of FHA's applicants with better credit profiles have abandoned the program in recent years, wooed away by fast-growing subprime competitors in the private sector. The White House estimates that 70 percent of FHA's business has shifted elsewhere during the past three years alone. Subprime firms using risk-based pricing have been able to offer FHA's lowest-risk home buyers attractive rates and fees -- a "creaming" process that threatens to leave the agency with a higher-risk overall book of insurance business.

FHA's chief operating officer, federal housing commissioner Brian D. Montgomery, said in an interview that "we are losing our core group of customers" in part because the agency cannot offer rates and downpayment levels on a risk-based sliding scale.

"We need to get out of the one-size-fits-all approach because one size no longer fits all," said Montgomery. "We need to spread out our risk and price differently." Specifically, FHA wants to offer downpayments below the standard 3 percent and lower insurance premiums to applicants with lower risk of default. On the flip side, it would offer slightly higher premiums -- generally no higher than one half of one percent higher -- to applicants who offer elevated risks of default based on their prior credit histories.

Combined with FHA's substantially higher loan limits -- up to $362,790 for 2006 in high cost areas -- the zero-down, risk-based pricing approach could help turn around FHA's declining mortgage insurance volume. That, in turn, could be very good news for the moderate-income and minority first-time home buyers who are FHA's traditional market mainstays.

Published: February 20, 2006

Mortgage Options

Mortgage Options for Tricky Situations
Realtor Magazine Online - www.realtor.org/realtormag

( February 20, 2006) -- When customers want to close on a new home but their current home hasn't sold yet, there are a number of financing arrangements that can help bridge the gap.

The odds of such a situation occurring is higher when the real estate market cools.

The most common interim financing tool for buyers is a a short-term bridge loan, which finances the down payment and closing costs for a new home. When buyers sell, they repay the bridge loan. While it provides lots of flexibility, this type of loan usually carries high interest rates.

A better alternative for some is a bridge loan with deferred interest payments. It pays off the first mortgage, eliminating one set of mortgage payments, plus it covers the down payment and closing costs on the new home. The seller often doesn’t pay anything until he sells his home.

A third possibility is 100 percent financing on the new mortgage. With no down payment needed, the buyer can manage until his old home is sold. However, the buyer must be approved to hold two mortgages.

Source: Wall Street Journal, Kirsti McCabe (02/18/06)

For Sale by Owner

Five steps to take if you're
trying to sell your home

ElPasoNews.com

Some people try selling their home without a real estate agent. But every home seller should hire an attorney. Sellers get sued routinely. Sometimes things go wrong when selling a home. Paying a real estate attorney a couple of hundred dollars to protect yourself in case anything goes contractually wrong is wise.

The main service a home sellers' attorney provides is reviewing and possibly amending the contracts home buyers present. So find an attorney, get some of his or her business cards, and give them to people who want to make you an offer. Tell them to present their written offer to your attorney.

If a prospective buyer makes an oral offer for less than your list price, or asks what your minimum price is, respond that you'll consider all reasonable offers presented in a contract to your attorney. Don't negotiate price face-to-face with buyers.

Setting the sales price: Hire an appraiser and get an appraisal. Or have someone knowledgeable about residential real estate values give you an estimate of the price your home should sell for. And call the Central Appraisal District or visit its Web site at www.elpasocad.org to get the taxable value of your home and its square footage of living area.

Get the prices of comparable homes selling in your neighborhood, find out their living area and calculate their sales price per square foot. Calculate the average square-foot price for these homes and multiply by the square footage of your home. This will give you a rough idea of your home's value.

Hire an inspector: Home sellers are legally obligated to disclose in writing what is broken or defective with their home. An inspector is trained to detect things needing repair that a homeowner is unaware of.

Then call the appropriate contractors for estimates for the costs for repairing or replacing the items noted in the inspector's report. Now with this information in hand, you can set your listing price.

Financing: Visit mortgage providers and get the business cards of loan officers so that if you get someone who is unfamiliar with mortgage financing, you can give them the business cards of the loan officers you met.

Marketing: Buy a "For Sale By Owner" sign with an attached waterproof container for fliers. Compose a flier stating the features and amenities of your home, the sales price, and your phone numbers. Add "Shown by appointment only."

Do not include the square footage of the home. People get sued over this routinely. If someone asks how many square feet your home has, tell him or her to come by to see if your home is large enough.

Run an ad until your home sells. The newspaper's staff will help you compose the ad. Running an ad daily should run you less than $100 a month.

Make inexpensive cosmetic repairs like painting walls and replacing carpeting if needed. Clean up the front and back yards, and mow the lawn. Be careful of strangers in the home.

Raul Amaya, a financial services entrepreneur, may be reached at 383-7732 or by e-mail at raula.1@juno.com